Denial of bail to Fr. Stan Swamy-a dark event in India’s history
The denial of bail to Father Stan Swamy which has led to his incarceration and eventual death in a private hospital in Bombay still under judicial custody is one of the darkest incidents of denial of the fundamental freedom of life and liberty enshrined in our constitution. Even during the medieval days, the custody of […]
Letter to the CJ of Bombay High Court- My Lords hear the slumdwellers before your Lordships order their eviction
7.7.2021 Hon’ble Mr. Justice Dipankar Datta,Chief Justice of the High Court of Judicature at Bombay May it please your Lordship Sub: Hearing of suo motu PIL- demolition of the shanties of slumdwellers- without there being a single slumdweller on the party array or any kind of representation on their behalf. What I came to notice […]
Press Release issued in furtherance of the Press Conference held at the Chandigarh Press Club today at 12pm
Demolition at Aravali In the PIL (Writ Petition no. 562 of 2021) instituted by 5 slumdwellers the Supreme Court ordered demolition of the shanties of the thousands of slumdwellers and to report compliance thereof within 6 weeks, and posted the case for reporting compliance on 27.7.2021. The order of the Supreme Court was one […]
There is no way to salvage our legal system unless and until we abandon the current practice of treating res judicata as precedent
15.7.2021 There is no way to salvage our legal system unless and until we abandon the current practice of treating res judicata as precedent In this country, the distinction between the concept of res judicata and precedent is largely forgotten. As a result, a judgment of a superior court in a case between A and […]
“If the King was not above law, but under God and the law, the Master of the roster, the Chief Justice too is not above the law”
A Division Bench of the Allahabad High Court dismissed with a cost of Rs. 20,000/- a petition by one Arun Misra as a ‘party – in – person’ seeking a direction that certain Writ Petitions instituted by him shall not be listed before a particular judge. The order of the court is cryptic and […]
Demolition of Maradu homes, who will tell the court that it went wrong?
In a situation as the instant one, where a Court has ordered demolition of five multi-storied buildings in a proceeding in which the flat owners were not parties, without notice to them and without hearing them, and the judgment thus rendered not being res judicata, not binding on them, one void ab initio, one […]
Is it true that our legal system is founded on the premise that no court can do justice? (Read the arguments notes by Shri Nedumpara in challenge of Section 14 of the SARFAESI Act)
Mathews J Nedumpara Brevity is the soul of wit, said Shakespeare. I would therefore like to keep the instant argument note as brief as possible. I do so for more than one reason.It is a travesty of justice that today in the 21st century when even jurisdictions other than civil law and common law countries […]
Nedumpara’s Letter To The Prime Minister Complaining Nepotism In Judges’ Appointment
Mathews J NedumparaPresident , NLCOPEN LETTER04.06.2020 Hon’ble Shri. Narendra ModiPrime Minister of IndiaNew Delhi Hon’ble Shri S A Bobde,Chief Justice of India. Hon’ble the Chief Justice of Rajasthan. Hon’ble Shri Ashok Galot,Chief Minister of Rajasthan. Sirs, Sub: The reported decision of the collegium of the Rajasthan High Court recommending 17 names for appointment as judges […]
Simple solution for reducing pendency of cases is to do away with “precedents” nay, repeal of Article 141 of the Constitution
Simple solution for reducing pendency of cases is to doaway with “precedents” nay, repeal of Article 141 of theConstitution.Mathews J. Nedumpara “Simple things can be done in simple ways;Hard things too can be done in simple ways;But it requires an inventive brainAnd can be done without much strain” The above words of a poet, I […]
Demolition of Maradu homes, who will tell the court that it went wrong?
In a situation as the instant one, where a Court has ordered demolition of five multi-storied buildings in a proceeding in which the flat owners were not parties, without notice to them and without hearing them, and the judgment thus rendered not being res judicata, not binding on them, one void ab initio, one which […]